Cancelling Carpetright order

rhinestonemaiden

More unhelpful replies for you apart from Mark. If you signed the agreement with Hitachi in store, you are covered by Section 75 of the Consumer Credit Act 1974, as it is a three way debtor-creditor-supplier agreement. This means that Hitachi is just as liable as Carpetright when things go wrong, and Carpetright has to pay back all your money to Hitachi and both are liable to pay compensation for distress, anxiety and waste of your time. If they cut up rough lower down the chain of command, write a letter to the Executive Complaints Team of both companies at their Head Office address, copy in both companies with all emails/letters. Explain all the problems you have had and why you are dissatisfied. At the same time cancel the fitting date and tell Head Office you have done this. Demand Carpetright repays Hitachi IN FULL (not minus the cost of the carpet) and ask for compensation. Make sure you get a formal statement from Hitachi's Agreements Department showing nothing is owed or it will affect your credit rating. As to the goods ordered, it's Carpetright's loss for their poor customer service and they will just have to swallow that.

sugarbabe84

Thanks Mark and Rhinestonemaiden. I rang Carpetright this morning and just happened to speak to the guy who I made the order with.

He started off by implying I was giving him the wrong order date before he even checked the paperwork, which was uncalled for. On the carpetright website I logged on and it says that the carpet I ordered is on hold as its out of stock, perhaps this is whats led to this delay, I wonder.

When I made the order he didnt tell me that the carpet is not in stock.

Theres a catalogue of complaints I want to make about how they have handled my order.

I spoke to Hitachi this morning and advised it shouldnt be an issue cancelling the order and the agreement. They said if there is an issue cancelling the order I should ring them up as they have a team that deals with it all.

shaun_from_Africa

rhinestonemaiden wrote: »

More unhelpful replies for you apart from Mark.

By unhelpful, you mean replies that although are legally correct, don't state what the OP was hoping to hear.

rhinestonemaiden wrote: »

you are covered by Section 75 of the Consumer Credit Act 1974, as it is a three way debtor-creditor-supplier agreement. This means that Hitachi is just as liable as Carpetright when things go wrong, and Carpetright has to pay back all your money to Hitachi and both are liable to pay compensation for distress, anxiety and waste of your time

Can you show me what part of the CCA allows the OP to claim for distress, anxiety and wasted time.

So far, the only problems that the OP has experienced are:
The carpet they wanted was unavailable at the price they had originally seen it at.
They could have decided not to go ahead at this point.

Carpetright didn't bring samples at the time of measuring.
The OP could probably have used this point to cancel the agreement.

It took 6 days to arrange a fitting date.
IMO, hardly an excessive time.

From what I can see, none of this is sufficient to claim breach of contract and invoking CCA rights.
If the agreed fitting date is delayed by more than a reasonable amount then yes, they should legally be able to cancel the contract but at the moment I think it will be done to a goodwill gesture by Carpetright.

sugarbabe84

shaun_from_Africa wrote: »

By unhelpful, you mean replies that although are legally correct, don't state what the OP was hoping to hear.



Can you show me what part of the CCA allows the OP to claim for distress, anxiety and wasted time.

So far, the only problems that the OP has experienced are:
The carpet they wanted was unavailable at the price they had originally seen it at.
They could have decided not to go ahead at this point.

Carpetright didn't bring samples at the time of measuring.
The OP could probably have used this point to cancel the agreement.

It took 6 days to arrange a fitting date.
IMO, hardly an excessive time.

From what I can see, none of this is sufficient to claim breach of contract and invoking CCA rights.
If the agreed fitting date is delayed by more than a reasonable amount then yes, they should legally be able to cancel the contract but at the moment I think it will be done to a goodwill gesture by Carpetright.

For you it isn!!!8217;t a big deal to have a delay of 19 days fitting, but for me it I, especially as I!!!8217;m unable to move into the property until it has flooring.

At the time of order he did not tell me it would take this long. I fact he said he would ring me the following day to discuss fitting dates which he never did.

I rang up on the Monday and spoke to someone who told me I!!!8217;m not going to get a fitting date until the end of the month. I expressed my distress at that point and he said he would ring me back to update me on whether it can be expediated. On the Friday I followed up and managed to get a fitting date of the 19th on the condition it gets done by then otherwise I!!!8217;m cancelling order. However this weekend I have been reflecting on this because I have 5 days left should I wish to cancel hitachi agreement.

If carpetright let me down next week then I!!!8217;m screwed as I cannot go back on hitachi agreement. I should have the flooring in before the curtains are in.

Added to that, the carpet is out of stock at the money and there are no guarantees as far as I can see that it will be in by next week.

Blackbeard_of_Perranporth

Mark23913 wrote: »

I've had experience of this scenario. Carpetright did not pursue this. Its pointless for them.

Good for you, now please tell us who won the world cup in 2018 as well please and I will call my bookmaker!

Blackbeard_of_Perranporth

I have used my local carpet fitter this year three times, and ordered on a Saturday and they fitted the same week. very competitive and I recommend them. They always offer discounts in January and February!

pinkshoes

When you originally ordered the carpet and asked about what date it could be measured and then fitted, what did they say?

I have ordered from Tapi, and it was 6 days until they could measure, then another 2 weeks until a fitting date was available.

Perfectly reasonable.

Could you not change to a flooring that IS in stock?

You need to read the T&Cs of the Carpetright agreement, not the finance one.

sugarbabe84

pinkshoes wrote: »

When you originally ordered the carpet and asked about what date it could be measured and then fitted, what did they say?

I have ordered from Tapi, and it was 6 days until they could measure, then another 2 weeks until a fitting date was available.

Perfectly reasonable.

Could you not change to a flooring that IS in stock?

You need to read the T&Cs of the Carpetright agreement, not the finance one.

The T&C conditions from Carpetright aren!!!8217;t as clearly laid out as they are with Hitachi.

I!!!8217;ve got bits and pieces from their website which I!!!8217;m going on. It!!!8217;s likely I!!!8217;ll need to make a head office complaint and also to hitachi if I don!!!8217;t get an update from the store today.

No I don!!!8217;t want to order another carpet from them. As mentioned before, I!!!8217;m not happy parting with so much money for a poor service.

pinkshoes

sugarbabe84 wrote: »

The T&C conditions from Carpetright aren!!!8217;t as clearly laid out as they are with Hitachi.

I!!!8217;ve got bits and pieces from their website which I!!!8217;m going on. It!!!8217;s likely I!!!8217;ll need to make a head office complaint and also to hitachi if I don!!!8217;t get an update from the store today.

No I don!!!8217;t want to order another carpet from them. As mentioned before, I!!!8217;m not happy parting with so much money for a poor service.

Poor service? So far their service has been within their own T&Cs:

Delivery
Estimated delivery and/or installation dates are given in good faith but are not guaranteed times and should not be relied upon as such If the expected delivery time is likely to, or does, exceed 30 days you will be able to cancel your order if you wish and receive a full refund.

So if it goes over 30 days, then you can cancel.


(Although this is for online orders. Surely you signed something in the shop??)

Why complain to the finance? You only need to involve finance if the goods are not as described.

sugarbabe84 wrote: »

I made the order on a whim and I don’t feel comfortable with it.

You just need to be patient.

You have already admitted you ordered on a whim. The only person to blame in this scenario is YOU for not doing enough research first, so you need to stop blaming others.

sugarbabe84

pinkshoes wrote: »

Poor service? So far their service has been within their own T&Cs:



So if it goes over 30 days, then you can cancel.


(Although this is for online orders. Surely you signed something in the shop??)

Why complain to the finance? You only need to involve finance if the goods are not as described.



You just need to be patient.

You have already admitted you ordered on a whim. The only person to blame in this scenario is YOU for not doing enough research first, so you need to stop blaming others.

I don’t believe in paying for sub standard service and I’d like to protect myself especially since it involves a finance agreement. I’ve got no confidence in carpetright. I’m used to professional standards.

Yes my fault for not being clear about the Carpetright terms and conditions that’s for sure, so it is a lesson learnt.